California Car Accident Lawyers

Auto Accident Lawyers Helping You Recover Maximum Compensation for Your Injuries

A traffic accident occurs approximately every two minutes in California. Sadly, thousands of victims are killed, and hundreds of thousands are injured in motor vehicle collisions each year. Car crash injuries may range from minor cuts and bruises to disabling catastrophic injuries.

Many people are left unable to work, making it impossible to care for their families. Some auto accident victims suffer paralysis or traumatic brain injuries, permanently affecting their quality of life and will never be the same.

California personal injury law allows individuals who are injured by another’s negligent actions to recover monetary compensation for the damages they suffer. Unfortunately, insurance companies try various tactics to delay or avoid offering a fair settlement. In many instances, insurers often refuse to pay or pressure unrepresented individuals to settle for far less than what their claim is worth. Therefore, you need an experienced auto accident attorney on your side.

The auto accident lawyers at James McKiernan Lawyers represent people throughout the Central Coast. If you or a loved one sustained injuries in an automobile accident, then you may be able to recover compensation for your damages. We often represent individuals injured in accidents on the 101, Pacific Coast Highway, and 227 coming into the California Central Coast area.

Our experienced trial attorneys always prepare cases with the mindset that they will go to trial. While most cases end up settling, there is a chance that the insurance company will not offer a fair amount. When insurance companies fail to cooperate, we must use our litigation skills to help enforce your rights.

Contact James McKiernan Lawyers at our San Luis Obispo law office today and ask to schedule a free initial consultation so we may discuss your case and determine your legal options.

Why Do I Need to Hire a Car Accident Attorney to Help Me File a Personal Injury Claim?

Many car accident injury victims are initially hesitant to hire an attorney to help them file a personal injury claim. However, due to the complexities involved, such as dealing with the insurance company, determining liability issues, and calculating appropriate damages, it is always best to hire an experienced car accident attorney who will act as your legal advocate.

Some of the most beneficial reasons to hire a car accident attorney include:

Professional analysis: A car accident lawyer has the skill and experience it takes to assess the evidence to determine the strengths and weaknesses of the case.
Assist with confusing paperwork: An attorney can assist you with filling out and turning in insurance paperwork. Insurance companies often deny or reject claims that are filled out incorrectly or not turned in on time.
Gather evidence: An accident attorney will gather evidence such as video surveillance, witness testimony, police reports, and medical records that substantiate your claim. Additionally, a lawyer can call on accident reconstructionists to provide opinions on what factors played a part in causing the accident.
Negotiate with the insurance company: Your injury attorney will negotiate with the insurance company to try and help you obtain maximum compensation for your injuries and other accident-related damages.
Take your case to trial: If the insurance company is unwilling to negotiate or offer a fair settlement for your personal injury claim, your attorney can take the case to trial to help you receive fair compensation.

If you are still trying to determine the benefits of hiring a car accident lawyer, contact our law firm and ask to schedule a free consultation to learn more about our legal services.

What Are Common Types of Motor Vehicle Accidents?

At James McKiernan Lawyers, our auto accident lawyers have handled over 30,000 personal injury claims successfully. We have experience with a wide variety of motor vehicle accident claims, including:

Auto accidents: We handle all types of car accidents, from rear-end collisions to head-on car accidents. Even if you are partially at fault, you may still be able to recover compensation.
Truck accidents: Our trucking accident lawyers represent individuals injured by negligent truck drivers. Liability may extend to their employer, which means more compensation may be available.
Bus accidents: Whether you were injured on a bus as a passenger or a bus hit a vehicle you were traveling in, we can help you with your bus accident claim. These types of accidents often involve public entities, which can complicate your case.
Motorcycle accidents: Victims of motorcycle accidents often suffer catastrophic injury and permanent disability. Therefore, having a qualified motorcycle accident lawyer on your side is essential.
Bicycle accidents: Car vs. bicycle accidents are common in California and the surrounding areas. Negligent and distracted drivers are most often the cause of these types of accidents.
Hit-and-run accidents: Hit-and-run accidents can occur for many reasons but often are the result of the driver being under the influence and choosing to leave the accident scene.

Regardless of what type of motor vehicle accident you may have been involved in, you will need the help of a skilled injury attorney who can help you file a claim. Our law firm has extensive experience helping accident victims recover fair compensation and would be honored to help you with your case. When you come to us for help, we will work tirelessly to create innovative legal strategies to help you receive the fair treatment you deserve.

Why Do Most Auto Accidents Occur in California?

Unfortunately, auto accidents can occur at any place for any reason. However, car accident statistics demonstrate that several types of collisions occur more frequently than others.

Some of the most common factors that contribute to California auto accidents include:

Drunk driving: Driving under the influence of drugs or alcohol impairs a driver’s reflexes and their ability to make sound judgments while operating a motor vehicle.
Driver fatigue: Many investigative reports compare a driver lacking sleep to the equivalent of a motorist driving while under the influence.
Failure to obey traffic laws: Even simple acts like failing to stop at a stop sign or running a red light can lead to serious auto accidents.
Reckless driving: Driving at excessive speeds is a leading contributor to car collisions and often results in serious injuries.
Adverse weather conditions: Unexpected rain and other weather conditions, such as fog, can result in low visibility, leading to accidents.
Failure to maintain vehicle: All too often, drivers fail to maintain their vehicles properly, such as driving on old, worn-out tires, which can lead to collisions.

However, although several factors are frequently cited in accident reports, speeding, and distracted driving are the leading contributors.

Many motorists are in a hurry to get to their destinations and drive at excessive speeds. However, California’s steep and rocky terrain often contributes to accidents. Additionally, with the advancement of car technology, many drivers are easily distracted by their cell phones, GPS, or car entertainment systems. Other factors contributing to distracted driving include eating and paying attention to passengers.

What are the Most Reported Car Accident Injuries?

Car accident injuries can range from minor scratches and bruises to more severe injuries that leave victims permanently disabled. Regardless of the severity of the injuries, accident victims are suddenly faced with trying to pay for unexpected medical bills while dealing with lost wages due to their inability to work.

Frequently reported car accident injuries include:

Head injuries
Back and neck injuries, including whiplash
Broken or fractured bones
Facial and dental trauma
Cuts, bruises, and lacerations
Internal injuries

Unfortunately, other common car accident injuries include those that leave victims permanently disabled. Catastrophic injuries include those that cause long-term or permanent damage to the injured victim or result in a poor prognosis for total recovery.

Catastrophic injuries include:

Spinal cord injuries
Traumatic brain injuries
Amputations
Organ loss
Severe burns

If you have suffered common or life-changing injuries in a car crash, you must hire an experienced car accident lawyer who will fight to help you recover compensation. Contact our law firm today to learn how we can help.

What If Defective Safety Devices Caused My Injuries?

While negligent drivers cause most traffic accidents, this is not always the case. Sometimes, an automobile defect is to blame. A vehicle system may fail at a critical moment, causing or contributing to an accident. A defect may cause severe injury in even a relatively minor collision because of faulty design or ineffective safety features. For instance, a seat back failure, faulty airbag, or seat belt can create a severe whiplash injury from a relatively low-speed, rear-end collision.

Possible defective safety devices:

Seatbelts
Airbags
Brakes
Tires
Steering mechanisms

To recover compensation from a manufacturer, you only need to prove that the safety device was defective, but for the defect, you would not have sustained the injuries you did. Our firm has experience with all types of defective product defect cases, and our attorneys understand what it takes to hold automakers accountable when their actions cause injury.

If you are unsure whether a defective safety device contributed to your injuries, contact our California car accident lawyers today to schedule a free consultation. Our highly trained legal team has the resources to carefully review the evidence to determine who should be liable for your injuries. Our California car accident lawyers have been helping car accident victims

What Steps Should I Follow if I Was Injured in a Car Accident?

If you have been involved in a car crash, there are several steps that you should follow to protect your well-being and ability to file a car accident claim to try and recover damages.

These steps include:

Remain on the accident scene and call 911 to report the accident.
Check yourself and others for injuries. If anyone is injured, be sure to request emergency medical responders.
Exchange information with the other driver, including driver’s license and insurance information.
Gather evidence by taking numerous photos and videos of the scene, including any skid marks, damage to both vehicles, lighting and weather conditions, and anything else that may be relevant to the case.
Obtain contact information for bystanders who witnessed the crash, as their testimony may be crucial as the case progresses.
Even if you do not believe you are injured, seek medical attention immediately. In many car accident cases, internal injuries are not always evident. Failure to seek treatment for internal injuries could result in life-threatening consequences.
Do not agree to speak with the other party’s insurance company without having legal representation.
Finally, contact a car accident law firm that will review your case and determine what legal options may be available.

You must have medical documentation substantiating your claim to file a personal injury lawsuit. Therefore, you must be examined by a medical professional immediately following a car accident. If you have been involved in a collision, allow our experienced car accident lawyers to help you start the claims process to get the justice you deserve.

Why Shouldn’t I Speak With the Other Party’s Insurance Company After an Accident?

If you have been involved in a car crash, the other party’s insurance provider will likely contact you soon after the accident. The insurance adjuster may ask you to consent to making a record statement where they ask you questions about the car accident. The adjuster may tell you your claim can only be resolved once you provide a statement.

However, you should never agree to give a recorded or written statement to the other party’s insurance company. Insurers have the right to use your statement against you to try and deny or reduce financial compensation.

In other instances, an insurance adjuster may offer you a quick settlement. However, even though a quick settlement may seem appealing, especially if you cannot work, it will most likely not adequately provide for your future medical expenses and pain and suffering damages.

Instead, allowing your auto accident lawyer to speak to the insurance provider on your behalf is in your best interest. Statistics show that accident victims who hire personal injury attorneys receive more significant compensation than those who choose to handle their cases independently.

James McKiernan Lawyers has personal injury lawyers with in-depth experience helping clients navigate the confusing legal process and deal with insurance companies. One factor that sets us apart from other car accident attorneys is that we never encourage clients to take settlements so that we can move on to the next client.

Please agree to speak with the other driver’s insurance company only after you have contacted James McKiernan Lawyers so we can quickly assess your legal needs.

Who May Be Liable for a Vehicle Accident?

California law requires all drivers to carry proof of financial responsibility if they are to blame for causing a motor vehicle accident. Most people meet this requirement by carrying the lowest liability insurance available to cover them in case of a crash.

The minimum liability limits in the law are 15/30/5 – $15,000 for personal injury to one person, $30,000 for personal injury to more than one person, and $5,000 for property damage. However, if any serious injury has occurred, these minimum amounts may not be sufficient to cover the injured person’s medical expenses and other damages.

With a truck accident, in particular, the collision often causes significant damage exceeding these minimum policy limits. There are, however, situations where insurers can be liable for more than the policy limits or where your own insurance can make up for an uninsured or underinsured driver. Liability may even extend to a commercial driver’s employer.

Other accidents, such as bus accidents, may involve public entity liability. The process for filing a claim against a public entity differs from other types of motor vehicle accidents.

Finally, a car accident injury claim can also be further complicated if the case involves multiple liability issues, such as in a chain-reaction collision. It is always best to allow a knowledgeable attorney to help determine liability in a personal injury case. Our experienced traffic accident attorneys are familiar with all options available to maximize recoveries for car accident victims.

Can I Still Recover Financial Compensation if I Am Partial to Blame for a Car Accident?

California car accident victims may still recover financial compensation even if they are partially to blame for causing a crash. California follows the “pure comparative negligence” doctrine, meaning injured victims may still be entitled to a financial settlement if they are not over 50% to blame for the accident.

Suppose you are involved in an accident but are deemed 25% responsible for the car crash. In that case, your financial compensation would be reduced by 25%. Therefore, if you were initially awarded $100,000, you would take home $75,000.

However, because of the state’s insurance laws, insurers often look for ways to blame accident victims so they can deny or pay less than their car accident claims are worth. Contrary to what insurance companies try to portray in commercials, insurance companies are not necessarily interested in the well-being of claimants but more in their profitability.

As a result, insurance providers have legal teams whose only job is to look for ways to reduce or deny claims. One of the many tactics that insurance companies use is to have their representatives reach out to claimants and ask them to provide details about the accident. Although this may seem like a harmless request, state law allows insurers to use your statement against you to try and deny a claim.

Therefore, if you have been involved in a motor vehicle accident and believe you may share some responsibility for the crash, you need an experienced car accident lawyer on your side.

The dedicated legal team at James McKiernan Lawyers is fearless when it comes to standing up for injured clients. Allow our highly-trained auto accident attorneys to assess your case to determine what legal options may be available.

What Type of Financial Compensation Can I Recover After Being Injured in a Car Accident?

One of the benefits of hiring a car accident lawyer is they can assist you with determining appropriate financial compensation. California’s personal injury law allows car accident victims to try to recover compensation for economic and non-economic damages.

However, accident victims should always remember that if a financial settlement is reached, any compensation awarded will depend on the facts involved in the case.

Economic Damages

Economic damages are awarded to injured victims to reimburse them for out-of-pocket expenses incurred due to injury. In many cases, accident victims who suffer serious injuries are unable to return to work and struggle to figure out how they are going to support themselves and their families.

Commonly awarded economic damages may include compensation for:

Medical bills
Lost wages
Loss of earning potential
Property damage

Non Economic Damages

Unlike economic damages that compensate for monetary losses, non-economic damages are based on intangible losses suffered by the victim. Frequently awarded non-economic damages include:

Pain and suffering
Loss of enjoyment of life
Emotional trauma
Permanent disfigurement and scarring

To learn more about the damages you may be entitled to recover, contact our experienced car accident attorneys today to schedule a free consultation.

Can I Recover Punitive Damages After Being Injured in a California Car Accident?

Many car accident victims often ask if they are eligible to recover punitive damages after being injured in a car accident. California’s car accident laws allow injured victims to try and recover punitive damages, but only under specific conditions.

Under state law, injury victims can file personal injury lawsuits to try and recover economic and non-economic damages for medical bills, pain and suffering, and other accident-related damages. However, punitive damages are not awarded to compensate victims for their losses. Instead, punitive damages are ordered by the court to punish wrongdoers for their actions and send a message to others not to repeat the same behavior.

A court may only order defendants to pay punitive damages if their actions constitute oppression, fraud, or malice. Be that as it may, a plaintiff’s attorney must present clear and convincing evidence that the defendant intended to cause harm to the plaintiff by acting recklessly or with a disregard for their safety.

Ultimately, a jury must decide whether the plaintiff should be awarded punitive damages. California law does not cap punitive damages. Only a knowledgeable attorney can determine if a case warrants punitive damages. To see if your case qualifies, contact our law firm today to schedule a free consultation so that we may determine your legal options.

Will My Personal Injury Case Have to Go to Court?

If you plan to file a car accident insurance claim, you may be concerned about going to court to resolve your case. No one likes the prospect of having to go through litigation to try and resolve their legal issues. Many accident victims are initially under the misconception that they will have to go to court to try and recover compensation.

However, most claims are actually settled out of court through negotiations between attorneys and insurance providers. Insurance companies often look to settle claims out of court to avoid the time and expense of litigation.

Nevertheless, in some car accident cases, the insurance company may be unwilling to negotiate with or offer an injured victim a fair settlement. In that case, it may be necessary to file a personal injury lawsuit to try and recover compensation. If your last option to try and recover damages is to file a car accident lawsuit, you must hire an auto accident attorney with extensive trial experience.

Unfortunately, not all car accident lawyers are qualified to litigate motor vehicle collision cases. James McKiernan Lawyers is a law firm with extensive experience and a proven record of obtaining favorable client results.

Our team of legal professionals is skilled at negotiating and knows how to fight insurance company attorneys. When you come to us for help with a car accident case, we will work tirelessly to safeguard your rights and ensure you are treated fairly by the insurance company.

What Makes Your San Luis Obispo Car Accident Lawyer the Best Choice for My Legal Needs?

Suppose you have been injured in a motor vehicle collision. In that case, you need a California car accident attorney who will fight to help you receive maximum compensation for medical bills and pain and suffering. Our highly qualified attorneys have in-depth experience filing insurance claims to help clients receive the financial help they need to resume their lives.

Suppose you have been injured due to another driver’s carelessness. You may be unable to work and may also require further medical attention, such as rehabilitation or physical therapy, which can quickly become cost-prohibitive. Our skilled personal injury attorneys can advocate with the insurance company on your behalf to ensure that you receive compensation that will cover current and future medical bills. Additionally, depending on the facts involved, our attorneys will fight to help you recover non-economic damages for pain and suffering.

However, when negotiations with insurance companies fail, our legal professionals are ready to file personal injury lawsuits to help clients hold liable parties accountable for their negligence.

At James McKiernan Lawyers, our legal team thoroughly investigates the cause of the accident, including identifying all responsible parties and establishing a comprehensive estimate of future medical costs and other damages. Our dedicated car accident lawyers will stand by your side from start to finish to help you recover the full and fair compensation you deserve.

We believe everybody has the right to excellent representation, regardless of the complexities involved in the case. If you have been injured in a California automobile accident, contact James McKiernan Lawyers at 805-476-4304 to schedule a free consultation with top-quality auto accident lawyers to discuss your best options to receive compensation for your injuries.